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2025 DAILYLAW 54060 (ALL)

VASEEM BEGAM AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17065/2025 · 2025-09-21

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17065 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record. 2. The instant application under section 582 BNSS has been filed seeking quashing of the entire proceedings of Case No. 1003 of 2023 (State Vs. Vaseem Begam and others) arising out of Case Crime No. 545 of 2022 under section 147, 454, 380, 387, 504, 506 IPC police station Kotwali District Mainpuri pending in the court of Chief Judicial Magistrate, Mainpuri in view of the compromise. 3. Learned counsel for the applicant submits that there was property dispute between the parties due to which various civil and criminal cases have been filed against each other. In the civil suit a compromise has been executed between the parties which was verified by the court and on the basis of such compromise the proceedings of the civil suit was disposed of vide order dated 11.2.2023 passed in the National Lok Adalat. Learned counsel for the applicants further submits that in the instant case as well a compromise has been executed between the parties on 2.6.2025 which has been placed on record before the C.J.M. Mainpuri, certified copy whereof has been annexed alongwith the supplementary affidavit, filed today in court, which is taken on record. In view of the compromise entered into between the parties, learned counsel for the applicants seeks quashing of the entire proceedings of the aforesaid case. Versus Counsel for Applicant(s) : Ahtisham Hussain Hashmi, Anurag Dubey Counsel for Opposite Party(s) : G.A. Vaseem Begam And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for applicants submitted that considering the prayer made in the present petition, this Court was pleased to direct the parties to appear before the court concerned for verification of compromise and the trial court was directed to verify the same and sent a report to this Court within two weeks thereafter. 5. Learned counsel for the applicants next submitted that pursuant to order of this Court dated 24.07.2025 the parties appeared before the court below and submit the compromise, which was verified by the court concerned after due inquiry about its genuineness vide order dated 02.08.2025 and a copy of the compromise alongwith proceedings taken after its verification has been filed by the court concerned, through letter dated dated 02.08.2025, which is part of record. 6. Learned counsel for the applicants next submitted that the impugned judgment as well as entire proceedings of said criminal case may kindly be quashed in terms of said compromise, which has been duly verified by the court concerned. 7. Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below. 8. Considering the submissions of learned counsel for the parties in light of judgment of Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh vs. State of Punjab [2012, 10 SCC 303], Narindra Singh and others vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir vs. State of Gujarat, (2017) 9 SCC 641 and State of Madhya Pradesh vs. Laxmi Narayan, (2019) 5 SCC 688, Ram Gopal Vs. The State of Madhya Pradesh 14 (SCC) 531 and Madhavrao Jiwaji Rao Scindia & Anr. vs Sambhajirao Chandraojirao Angre 1981 (1) SCC 692. Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties. 9. In view of the aforesaid, and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has NA528 No. 17065 of 2025 2 been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further. 10. For the discussions made above, the present application is allowed and consequently, the entire proceedings of the aforesaid criminal case are hereby quashed. 11. Let a copy of this order be sent to the court concerned for necessary compliance. September 22, 2025 Ashish/- NA528 No. 17065 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad